Mayoral Vehicle And Civil Parking Enforcement
Dear North East Lincolnshire Council,
It is evident that North East Lincolnshire Council’s mayoral vehicle, registration mark M100 NEL, regularly parks, loads and unloads on roads within the borough of North East Lincolnshire that are restricted by double yellow lines with double yellow kerb lines.
Consequently, the council have a specific policy or exemption that provides the mayoral vehicle with immunity from civil parking enforcement.
I would be grateful if the council could inform me of that specific policy or exemption and the dates it was implemented and reviewed.
Yours faithfully,
Colin Webb
Dear Mr Webb
I am pleased to acknowledge your request for information received on 07
September 2011, which has been allocated the reference number 20110915.
Your request has been passed to the relevant department for processing and
you can expect your response within the 20 working day limit. If it will
take us longer than 20 working days to respond to you, we will inform you
of this and provide you with the expected date for receiving the response.
Further information about how we will deal with your Freedom of
Information requests is available on our website at:
[1]http://www.nelincs.gov.uk/council-and-de...
Please feel free to contact me if you require any further information
or assistance quoting the reference number above.
Yours sincerely
Freedom of Information Officer
North East Lincolnshire Council
Dear Mr Webb
Thank you for your request under the Freedom of Information Act
reference number 20110915.
Under section 1 of the Act I wish to confirm that North East Lincolnshire
Council holds the information you have requested.
Under the Traffic Management Act 2004, the council is responsible for
issuing waivers to facilitate the efficient use of vehicles connected with
work, including window cleaners, pressurised gas re-fillers etc. This
responsibility is also included within the Council's Civil Parking
Enforcement Procedures (page 32 - dispensations) and this document is
available on the Councils website (please follow this link
[1]https://www.nelincs.gov.uk/transport-str...).
The Mayoral vehicle has been granted such a waiver whilst conducting
Mayoral duties. The waiver was issued on 3rd May 2011 and is valid for one
year.
If you require any further clarification or details, please do not
hesitate to contact me, quoting the reference number above.
Â
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
Yours sincerely
Freedom of Information Officer
North East Lincolnshire Council
______________________________________________
From: PPD - FOI
Sent: 08 September 2011 09:18
To: 'Colin Webb'
Subject: Freedom of Information request 20110915 - Mayoral Vehicle
And Civil Parking Enforcement
Dear Mr Webb
I am pleased to acknowledge your request for information received on 07
September 2011, which has been allocated the reference number 20110915.
Your request has been passed to the relevant department for processing and
you can expect your response within the 20 working day limit. If it will
take us longer than 20 working days to respond to you, we will inform you
of this and provide you with the expected date for receiving the response.
Further information about how we will deal with your Freedom of
Information requests is available on our website at:
[2]http://www.nelincs.gov.uk/council-and-de...
Please feel free to contact me if you require any further information
or assistance quoting the reference number above.
Yours sincerely
Freedom of Information Officer
North East Lincolnshire Council
Dear North East Lincolnshire Council,
Thank you for your response.
My request states:
"It is evident that North East Lincolnshire Council’s mayoral vehicle, registration mark M100 NEL, regularly parks, loads and unloads on roads within the borough of North East Lincolnshire that are restricted by double yellow lines with double yellow kerb lines."
In response, the Council state:
"Under the Traffic Management Act 2004, the council is responsible for issuing waivers to facilitate the efficient use of vehicles connected with work, including window cleaners, pressurised gas re-fillers etc. This responsibility is also included within the Council's Civil Parking Enforcement Procedures (page 32 - dispensations) and this document is available on the Councils website (please follow this link [1]https://www.nelincs.gov.uk/transport-str...).
The Mayoral vehicle has been granted such a waiver whilst conducting Mayoral duties. The waiver was issued on 3rd May 2011 and is valid for one year."
Page 32 of the Council's Civil Parking Enforcement Procedures states:
"DISPENSATIONS (Waivers):
In order to carry out works to adjacent properties it is occasionally necessary for vehicles to park on waiting restrictions. In these cases a Parking Waiver should be arranged with the Council.
A parking waiver enables a vehicle to be parked as near as possible to the desired location, it does not allow parking on;
a loading restriction during its hours of operation (marked by yellow kerb lines)
a bus stop
a taxi rank
school keep clear markings
anywhere that would cause an obstruction or a road safety hazard
Failure to comply with these conditions may result in a Penalty Charge Notice being issued.
Vehicles must be moved on the instruction of a Civil Parking Enforcement Officer or Police Officer."
The Council's Civil Parking Enforcement Procedures does not include any dispensation in respect of mayoral duties and therefore the waiver must have been granted to the mayor of North East Lincolnshire so that he may carry out works to adjacent properties. Consequently, please provide evidence of the works carried out to the Town Hall and other properties, by the mayor of North East Lincolnshire whilst using the parking waiver.
Furthermore, the parking waiver enables the mayoral vehicle to be parked as near as possible to the desired location, however the dispensation does not allow parking within a loading restriction areas that are marked by yellow kerb lines, for example, the area outside the Town Hall in Town Hall Square. Please also provide me with the total number of all penalty charge notices issued to the Council, as the owner of the mayoral vehicle, whilst it was parked in contravention of loading restrictions within North East Lincolnshire including those contraventions within Town Hall Square.
I would also be grateful for if the Council could also supply a copy of the waiver pertaining to the mayoral vehicle.
Yours sincerely,
Colin Webb
Dear Mr Webb
I am pleased to acknowledge your email of 12 September 2011. To assist us
in processing your request we have allocated a new reference number of
20110933.
Your request has been passed to the relevant department for processing and
you can expect your response within the 20 working day limit. If it will
take us longer than 20 working days to respond to you, we will inform you
of this and provide you with the expected date for receiving the response.
Further information about how we will deal with your Freedom of
Information requests is available on our website at:
[1]http://www.nelincs.gov.uk/council-and-de...
Please feel free to contact me if you require any further information or
assistance quoting the reference number above.
Yours sincerely
Freedom of Information Officer
North East Lincolnshire Council
Dear Mr Webb
I wish to confirm that North East Lincolnshire Council holds the
information you have asked for in relation to the Mayoral vehicle, in your
information request 20110933.
The lay-by outside Grimsby Town Hall has been designated a loading bay.
The report recommending “no waiting at any time” together with “no loading
at any time” restrictions inside the lay-by, submitted to the Portfolio
Holder Environment, can be found in the papers for the meeting of July 6th
2010 at [1]http://www.nelincs.gov.uk/meetings/commi....
When this report was submitted it was envisaged that the Mayoral vehicle
would be the subject of a waiver. Article 26 of the North East
Lincolnshire Borough Council (Prohibition and Restriction of Waiting,
Clearways and On-street Parking) (Consolidation) order 2010, deals with
Loading bays and 26.2 states that 'Nothing in paragraph 1 shall apply so
as to prevent any person from causing any vehicle to wait in the loading
bay area specified in that paragraph if the vehicle is being used in
connection with the provisions contained within article 6(c) (d) and (f)
of this order.
Article 6 (d) states The vehicle, if it cannot conveniently be used for
such purposes in any other road, to be used in the service of the local
authority in pursuance of statutory powers or duties.
Sections 2 and 3 of the Local Government Act 1972 requires local
authorities to have a council consisting of a chairman and councillors. In
the case of North East Lincolnshire the mayor is the chairman of the
Council meetings. Thus the Mayoral vehicle has been granted permission to
park in the loading bay, when the Mayor is on official business, as it is
in the service of the local authority in pursuance of statutory powers and
duties.
Please accept my apology on behalf of the Council for any confusion our
original response may have given. The Civil Parking Enforcement Procedures
on the Council's website, you were originally signposted to, are intended
to be a guide for the public to civil parking enforcement and is not a
full document of all the legal principles. I trust that the explanation
above provides a full response to the questions you raised in relation to
this matter.
In response to the other questions you asked, I am pleased to provide you
with a copy of the waiver and confirm that no penalty notices for parking
in contravention of loading restrictions have been issued to the Council
in relation to the Mayoral vehicle (M100 NEL).
<<Waiver0001.pdf>> Â
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
Yours sincerely
Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council
Dear North East Lincolnshire Council
The Council have stated:
“The lay-by outside Grimsby Town Hall has been designated a loading bay. The report recommending ‘no waiting at any time’ together with ‘no loading at any time’ restrictions inside the lay-by, submitted to the Portfolio Holder Environment, can be found in the papers for the meeting of July 6th 2010 at [1]http://www.nelincs.gov.uk/meetings/commi...
The Council have clearly stipulated that the lay-by, which of a consequence is part of the highway, is designated as a loading bay. Loading bays must comply with the Traffic Signs Regulations and General Directions 2002 and therefore have an appropriately marked bay area and the words ‘LOADING ONLY’ written adjacent to it on the road as well as appropriate information signage defining it as a bay for loading and unloading. However, this particular area of the highway in Town Hall Square is not delineated as a loading bay and therefore the Council’s claim of a loading bay designation is immaterial. The lay-by is in fact marked with a double yellow line with double kerb blips and two visible signs containing the wording of ‘No loading at anytime’ on them. Contrary to the Council’s claims, the road and kerb markings and information signage indicate that a ban on loading, at any time, is in force within this particular area.
The Council have also stated:
“When this report was submitted it was envisaged that the Mayoral vehicle would be the subject of a waiver. Article 26 of the North East Lincolnshire Borough Council (Prohibition and Restriction of Waiting, Clearways and On-street Parking) (Consolidation) order 2010, deals with Loading bays and 26.2 states that 'Nothing in paragraph 1 shall apply so as to prevent any person from causing any vehicle to wait in the loading bay area specified in that paragraph if the vehicle is being used in connection with the provisions contained within article 6(c) (d) and (f) of this order.”
As discussed above, this particular area of the highway is not a loading bay but an area of the road encumbered by a loading ban. Therefore, the Council’s reliance upon Article 26 in these circumstances is inconsistent with the loading ban and accordingly irrelevant. Furthermore, the waiver issued by the Council to itself in respect of the mayoral vehicle parking in this particular location is also inconsistent with the restriction and consequently invalid since it is condition of the waiver in that it does not permit parking that contravenes loading bans.
The Council’s first response to my request was extraneous and utterly misleading. It is quite clear from the above response that the Council continue to misinform by providing further irrelevant information and claims. As of a result, North East Lincolnshire Council have failed to provide me with the information I originally requested and I now request an internal review.
Yours sincerely
Colin Webb
Dear Mr Webb
I am pleased to acknowledge your request for an internal review of information request 20110933.
Your request has been passed to the relevant department for processing and you can expect your response within the 20 working day limit. If it will take us longer than 20 working days to respond to you, we will inform you of this and provide you with the expected date for receiving the response.
Further information about how we will deal with your Freedom of Information requests is available on our website at: http://www.nelincs.gov.uk/council-and-de...
Please feel free to contact me if you require any further information or assistance quoting the reference number above.
Yours sincerely
Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council
Dear Mr Webb,
Internal Review of freedom of Information request 20110933
On behalf of the Council I have been asked to carry out an Internal Review
of the handling of your Freedom of Information request reference 20110776,
which asked for information in respect of the Mayoral Vehicle and Civil
Parking Enforcement.
First of all I can confirm that the Council do hold the information you
seek.
In the original response to you we indicated that the lay-by outside the
Town hall had been designated a loading bay.
I can confirm that by virtue of a report to the Portfolio Holder in July
2010 it was in fact decided that the lay-by should be designated “No
loading at any time”. I can also confirm that by virtue of the “Borough of
North East Lincolnshire (Prohibition and Restriction of Waiting, Clearways
and On Street Parking) (Consolidation) (Amendment No 1) Order 2010 this
lay-by was designated a no loading area and the main order referred to
below was amended.
This means that Article 5 of the Borough of North East Lincolnshire
(Prohibition and Restriction of Waiting, Clearways and On Street Parking)
(Consolidation) Order 2010 applies to the lay-by. This Article states
“Save as provided in Article 11 of this order no person shall, except upon
the direction or with the permission of a Police Constable in uniform or
of a Civil Enforcement Officer cause or permit any vehicle to load or
unload in the roads or sides of the roads identified as No Loading and for
the periods identified on the plans attached to this order”
I can also confirm that Article 11 of the Borough of North East
Lincolnshire (Prohibition and Restriction of Waiting, Clearways and On
Street Parking) (Consolidation) Order 2010 states
“Nothing in Article 5 of this order shall render it unlawful to cause or
permit any vehicle to wait in any of the roads, lengths of roads or on the
sides of road identified in the plans attached to this order for so long
as may be necessary to enable :
…(b) the vehicle, if it cannot conveniently be used for such purposes in
any other road, to be used in the service of the local authority in
pursuance of statutory powers or duties;”
I am further advised that the markings for this no loading bay are
correct.
The Local Government Act 1972, sections 2 and 3 require the North East
Lincolnshire Council to have a council consisting of a Chairman and
Councillors. I can further confirm that the Chairman of North East
Lincolnshire Council is the Mayor and the Mayor amongst other matters
presides over meetings of the Council. In addition section 111 of the
Local Government Act 1972 provides that
“Without prejudice to any powers exercisable apart from this section but
subject to the provisions of this Act and any other enactment passed
before or after this Act, a Local Authority shall have power to do any
thing (whether or not involving the expenditure, borrowing or lending of
money or the acquisition or disposal of any property or rights) which is
calculated to facilitate, or is conducive or incidental to, the discharge
of any of their functions.”
It is the case that when the Mayor is on official business the vehicle is
parked in the lay-by. Accordingly the exemption referred to above would
apply as the vehicle is parked whilst in the service of the Local
Authority in pursuance of statutory powers and duties.
I have therefore concluded that the mayoral vehicle was correctly issued
with a waiver notice for use whilst it is parked in this lay-by outside
the Town hall in connection with the mayor’s official duties.
I can only apologise that in the response to your Freedom of Information
request the Council quoted the wrong Articles (26 rather than 5 and 6
rather than 11) from the Consolidation Order I think this would have been
a misunderstanding.
I trust that I have fully answered all outstanding matters from your
request for an Internal Review. If you are unhappy with this response you
have the right to make a complaint to the Information Commissioner's
Office. Details of how to contact the Information Commissioner's Office
can be found on their website [1]http://www.ico.gov.uk/.
Yours faithfully
E M Conolly
Head of Legal Services
Governance & Transformation Directorate
Dear North East Lincolnshire Council,
In view of the substantial disinformation provided within this particular Freedom of Information request, which the Council "think" was a misunderstanding, I would be grateful if the Council could provide me with a complete copy of the Borough of North East Lincolnshire (Prohibition and Restriction of Waiting, Clearways and On Street Parking) (Consolidation) Order 2010, including the specific amendments discussed above together with their relevant commencement and review dates and the Council's policy in respect of parking waivers together with the policy's relevant commencement and review dates.
Thank you for your anticipated cooperation.
Yours sincerely,
Colin Webb
Dear Mr Webb
I am pleased to acknowledge your email below dated 01 November as a request for information, which has been allocated the reference FOI/150011/12.
Your request has been passed to the relevant department for processing and you can expect your response within the 20 working day limit. If it will take us longer than 20 working days to respond to you, we will inform you of this and provide you with the expected date for receiving a response.
Further information about how we will deal with your Freedom of Information requests is available on our website at: http://www.nelincs.gov.uk/council-and-de...
Please feel free to contact me if you require any further information or assistance quoting the reference number above.
Yours sincerely
Freedom of Information Officer
North East Lincolnshire Council
Dear Mr WebbÂ
Thank you for your request under the Freedom of Information Act made on
1st November 2011, reference number FOI/150011/12.
Under section 1 of the Act I wish to confirm that North East Lincolnshire
Council holds the information you have requested.
You requested a copy of the on street parking document, unfortunately
these documents are too big to send as one, therefore I
will have to send you the documents in several separate emails.
<<TRO Amendment no 1 sealed 100910(reduced).pdf>> <<TRO Amendment no 2
sealed 110412(reduced).pdf>> <<TRO Binder1 articles - legend - grid
(reduced).pdf>>
If you require any further clarification or details, please do not
hesitate to contact me, quoting the reference number above.
Â
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
Yours sincerely
Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council
Additional attachments
<<TRO Binder2 C F G series maps(reduced).pdf>> <<TRO Binder3 H I J series
maps(reduced).pdf>> <<TRO Binder4 K L M series maps(reduced).pdf>>
Additional attachments
<<TRO Binder7 T U V series maps(reduced).pdf>> <<TRO Consolidation sealed
100705(reduced).pdf>>
Dear North East Lincolnshire Council,
Thank you for your response.
However, there is no copy of the Council's policy in respect of parking waivers together with the policy's relevant commencement and review dates.
Please advise.
Yours sincerely,
Colin Webb
Dear Mr Webb
Further to your request FOI/150011/12, I can confirm that North East
Lincolnshire Council holds the information you have requested.
Copy of the Council's policy in respect of parking waivers together with
the policy's relevant commencement and review dates.
The Council’s practice in regards to parking waivers is informed by both
the Borough of North East Lincolnshire (Prohibition and Restriction of
Waiting, Clearways and On Street Parking) (Consolidation) Order 2010 and
amendments, and the Civil Parking Enforcement Procedures (June 2010). We
have already provided the consolidated order and the Civil Parking
Enforcement Procedures document is attached. As stated, this was agreed in
June 2010. At present, there is no revising date scheduled. The section on
dispensations (waivers) can be found on page 32/33.
When implementing these orders and procedures, it is important to remember
precedence. The Civil Parking Enforcement Procedures are preceded by the
consolidated order, and as stated in an earlier FOI response, the
interpretation and implementation of the consolidated order is further
preceded by the Local Government Act 1972. Taken together and with due
respect of precedence, these inform parking service enforcement and
procedures in regards to dispensations.
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
<<Civil-Parking-Enforcement-Procedures-June-2010[1].doc>>
Yours sincerely
Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council
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